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Rice Law Office Blog

This blog reviews important legal issues including: personal injury, employee compensation, workers compensation, discrimination and wrongful termination.

Helpful Resources Recognizing Long COVID as Disability

Through these new resources, the Department of Education, DOJ and HHS are highlighting that Long COVID is a recognized disability that gives rise to individuals with disabilities education act (IDEA) eligibility and may also be a disability under section 504 of the rehabilitation act and the Americans with Disabilities act.  

That means children, students of all ages, educators, and their families may be entitled to disability-related supports, services and accommodations under the law if they suffer from symptoms associated with long-term Covid.

When it comes to employment questions relating to Worker’s Compensation, rights to return to work, accommodation, denied disability benefits or transitions to retirement because of a serious injury or illness such as Long Covid, Rice Law Office, PLLC may be able to help as an advocate if that’s what’s needed. 

We work with employees across the state who have suffered from a serious injury or illness that impacts their ability to work, and we provide information, legal counsel and when necessary, litigation support to help disabled employees maximize their benefits and improve their recovery.

Given what we do, we’ve come to learn that, sometimes all people need is information to help form questions and clear the doubt. We want to help there too, so we try to provide information on topics important to our clients in the form of blogs, articles, and links to free resources.

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Employment Discrimination in New Hampshire: Frequently asked questions

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What does the law say about employment discrimination? How do you know if you have a case in New Hampshire? How long do you have to file a claim? Find these answers and more in this detailed review of New Hampshire's employment discrimination laws.

 

Frequently asked questions about employment discrimination in New Hampshire. 

 

1. What kinds of employment discrimination are against the law in New Hampshire?

New Hampshire employees are entitled to protections against unfair discrimination under the patchwork quilt of combined Federal and New Hampshire state laws. These laws combine to provide many employees with protection against discrimination in the workplace on the basis of age, race, religion, sex, gender expression and identity, national origin, disability, military status, citizenship, sexual orientation, marital status, genetic information and pregnancy.

The state and federal laws against discrimination are not identical. This means the type and extent of available protections can vary under the law. For example, the New Hampshire discrimination law is applicable to employers with as few as 6 employees, but federal protections only apply to employers with over 20 employees. Therefore, if you are a New Hampshire employee, employed by an employer with ten employees, you may have protection under the state discrimination law, but not under the federal law.  Another example is found in what protections the two laws offer. New Hampshire law offers protection for marital status, while the federal law does not. The time limit for bringing these types of claims also varies under state and federal law and you may have as few as 180 days from the date of discrimination to file a claim.

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Resources for employees in New Hampshire and Federal employment laws.

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The U.S. Department of Labor’s Wage and Hour Division (WHD)is responsible for enforcing some of the nation’s most comprehensive federal labor laws on topics including minimum wage, overtime pay, recordkeeping, child labor, family and medical leave, migrant and seasonal worker protections, lie detector tests, worker protections in certain temporary guest worker programs, and the prevailing wages for government-funded service and construction contracts. Collectively, these laws cover most private, state, and local government employment, and protect over 143 million employees in more than 9.8 million establishments nationwide.

Overview of general employee protections:

Minimum Wage and Deductions: The federal minimum wage must be paid for all hours worked. Where a state law requires a higher minimum wage, the higher standard applies. Wages cannot be reduced below the federal minimum wage by deductions for job-related expenses such as uniforms.

Overtime and Regular Rate: Non-exempt employees must receive time and one-half the regular rate of pay after 40 hours of work in a 7-day workweek. Regular rate includes all compensation, such as non-discretionary bonuses and shift differentials. In nursing homes and residential living facilities, employers may pay overtime after 8 hours in any one day and 80 hours in a 14-day pay period.

Exemptions: Certain salaried managerial and professional employees are exempt from the minimum wage and overtime regulations, but only if they meet specific salary, duty, and/or educational requirements.

Child Labor: Federal child labor law generally prohibits the employment of minors under the age of 14, restricts the hours of work for minors under 16, and prohibits the employment of minors under the age of 18 in any hazardous occupation. Detailed information on both federal and state child labor laws is available on the internet at www.youthrules.dol.gov.

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Top Three Tips for maximizing recovery in your personal injury case

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Whether you plan to try to represent yourself or you’ve decided to work with a personal injury attorney to help you with your personal injury case, here are three things to keep in mind in order to ensure fair compensation for your injuries. 

 

#1. Preserve The evidence

The more you can do to preserve evidence, the greater the chance of winning your personal injury case and maximizing your recovery. Your claim for compensation will need to be backed up with credible evidence, including written documents, witness statements, medical records and photographs. Therefore, whatever you can do along the way to preserve these critical pieces of evidence, will help you to maximize your recovery of fair compensation for your injuries. 

 

Examples of evidence you can gather for your personal injury case:

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Family Medical Leave Act Part 2 - An Employee Guide to New Hampshire Employee Rights -

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The United States Department of Labor has published an Employee Guide to the Family and Medical Leave Act that answers common questions about the FMLA and clarifies who can take FMLA leave and what protections the FMLA provides. This guide provides helpful information for New Hampshire employees who may need to take leave from work for their own serious health condition or to care for a child, spouse or parent. See our blog Family Medical Leave Act at A Glance Part - 1

 The United States Department of Labor's new Employee Guide specifically addresses questions such as:

  • Who can use FMLA? (Coverage and Eligibility)
  • When can I use FMLA? (Qualifying reasons to take FMLA)
  • What can the FMLA do for me? (FMLA rights and protections)
  • How do I request FMLA leave?
  • Communication with Employer (Employer and Employee Notices)
  • Medical Certification
  • Returning to Work (Reinstatement rights)
  • How to File a Complaint

The Employee Guide also includes three flow charts that detail how FMLA coverage and eligibility are determined, maps out the FMLA leave process, and how the FMLA medical certification process works. It addresses the FMLA definition of "son or daughter," including in loco parentis relationships, even if the employee has no biological or legal relationship to the child, as provided in the Department's June 2010 FMLA Administrator Interpretation. It also provides detailed information on how an employee can file an FMLA complaint with the WHD if they believe their FMLA rights have been violated.

The Employee Guide to the FMLA can be accessed directly from the US Department of Labor at: https://www.dol.gov/agencies/whd/fmla/employee-guide

 

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Family Medical Leave Act at A Glance - What New Hampshire Employees Need to Know about FMLA

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The Family Medical Leave Act (FMLA) is a federal law that provides vital job protection to many New Hampshire employees who need to take time off from work because of their own serious health condition, or because they need to care for a parent, spouse, or child. 

The FMLA is a federal law that entitles eligible New Hampshire employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Employees can take time all at once, or intermittently as the circumstances require.

AT A GLANCE

Covered Employers: This includes all employers with 50 or more employees in a 50-mile radius or public agency, elementary, or secondary school.

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Join the NH Campaign to Prevent Fatal Falls at Work

This week (May 3 to May 7, 2021) is designated as National Construction Safety Week and the timing seems perfect as residential and commercial construction is at an all-time high, and the government is looking to increase spending on infrastructure. More work means more money, more jobs, but also more risk of workplace injuries.

We know construction workers face some of the highest risks for injuries at work and that falls on job sites account for some of the most serious injuries, including a large number of workplace deaths. In fact, according to data from the US Bureau of Labor Statistics Fatalities, falls accounted for one-fourth of construction fatalities in 2019. What’s worse is that workers in New Hampshire and across the country continue to be placed at risk every day despite the fact that many of these injuries could easily be preventable.  

That’s where Construction Safety Week comes in. By designating this week as Safety Week, Construction Industry Leaders hope to draw attention to not just to the hazards that exist, but to the practical and preventive measures available to reduce the risk of injury at work.

In a tag team effort, the Occupational Safety and Health Administration OSHA, has partnered with the construction industry to encourage employers to learn how to better control fall-related hazards, and improve their safety and health programs, to reduce the risk of serious and fatal injuries from falls. OSHA has dedicated this week as NationaSafety Stand-Down Week. You can visit OSHA’s national safety stand down web page for resources and information about events, training and other safety measures aimed at preventing falls in the construction industry.

For more information about preventing falls in the workplace, follow this link: https://www.osha.gov/stopfalls/ 

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PTSD AND THE PANDEMIC

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COVID-19 Related PTSD May be Covered Under Workers’ Compensation

The toll of COVID-19 on workers is not just physical or economic. For many, there is an emotional impact that for some, rises to such a level that it requires treatment or time away from work. This is especially true for frontline workers who face increased risk of illness for themselves and their families by virtue of their work keeping others fed, safe and healthy.

In the last few months, and perhaps in those to come, some in our community have experienced long periods of isolation away from family and friends, interrupted only by arduous shifts at work, where the weight of responsibility and the despair at the numbers and size of the problem take a tremendous toll. Fortunately, workers’ compensation coverage is available for those who have taken on this burden and who have suffered with not just physical symptoms of COVID-19, but with the mental manifestations of emotional distress as a result of this work.

In the case of emergency responders, New Hampshire workers’ compensation laws allow employees to recover benefits for disabling mental injury suffered as a result of workplace events. However, there are numerous obstacles and challenges in making these claims. Many employees are not aware of their right to bring these claims, and for those that are, the concern of stigma or impact to an employee’s career can be a daunting obstacle to making a claim. Furthermore, when a claim is made, the chance of denial is high, and the process of appeal is in itself stressful and frequently invasive.

Too often the requirement of proof becomes a point of contention that requires the worker to open up their life and health records to inspection in order to meet the burden of proof required. Employees seeking coverage for PTSD, ASD, and other stress or mental health symptoms caused by work often face layers of opposition to their claim. In some instances, they must not only prove that the symptoms they are experiencing are work related, but to do so, they are often compelled to show that their stress is not caused by other life stressors.  This process of meeting the burden of proof in a stress injury claim can serve to make the symptoms of stress worse and discourage claims altogether. 

New legislation passed in July of 2019 seeks to address these obstacles for some of New Hampshire’s workers with the implementation of a series of amendments aimed at easing the burden of proving a mental injury claim for emergency responders/public safety workers.

RSA 281-A:2 XI, which is now in effect, amends the definition of “injury” or “personal injury” under the workers’ compensation statute, to include acute “stress disorder and posttraumatic stress disorder” if an employee meets the definition of an “emergency response/public safety worker.” This legislation also expands the definition of emergency response/public safety worker found at RSA 281-A:2 V-c, to now include “emergency communication’s dispatcher” a group of employees often overlooked but who are also deeply connected to this work. With this legislation comes the acknowledgment that the risk of mental stress injuries to these workers is real and must be met with proper opportunity for treatment and time to heal without stigmas or undue added stress associated with making these claims.

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Protections for First Responders who contract COVID-19 in New Hampshire

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PROTECTIONS FOR FIRST RESPONDERS WHO CONTRACT COVID-19 IN NH

Executive Order for First Responders:

In the case of first responders, the burden of establishing causation with respect to COVID-19 has been made easier for the time being by Governor Sununu’s Emergency Order #36. This Order establishes that “Notwithstanding the provisions of RSA 281-a:2, XI and XIII, 16 and 27, in any proceeding before the New Hampshire Department of Labor or the administratively attached Compensation Appeals Board, there shall exist a prima facie presumption that the first responder’s COVID-19 exposure and infection were occupationally related.”

For purposes of the order, “First Responder” includes any individual covered by the definition of “Emergency response/public safety worker” as set forth in RSA 281-A:2V-c, which includes call, volunteer, or regular firefighters; certified law enforcement officers, county corrections officers; emergency communication dispatchers (incongruously, given the isolated nature of the work); and rescue or emergency medical personnel. The Order does not cover healthcare workers or any other employees who have been identified as essential workers during the emergency order. To be eligible for the protections of this Order, a “first responder” must have tested positive for COVID -19 and the case must have been reported to the Department of Health and Human Services.

It is important to note this is not new legislation, but an Order which is in effect only for the duration of the COVID-19 state of emergency in the New Hampshire. As such, unless there is a change, this Order and the presumption it provides is temporary and is only set to last as long as the state of emergency is in place. When this Order expires, the presumption will lapse and in order to be covered for workers’ compensation from contracting COVID-19, first responders will be required to prove more probably than not, that they contracted the illness in and during the course of their work by applying the increased risk test or perhaps under the theory of occupational disease.

 

Learn more about COVID-19 laws regarding unemployment and workers' compensation in New Hampshire.

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Is COVID-19 an occupational disease under New Hampshire worker’s compensation law?

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Is COVID-19 An Occupational Disease under New Hampshire Worker’s Compensation Law?

As addressed in previous articles, there will be worker's compensation coverage available for many employees who contract COVID-19 at work. The most likely path to this coverage will be with the understanding that the employee became ill due to a neutral risk, but that the employee faced a greater risk of getting ill due to his or her work, as compared to the general public. This is known as the increased risk test and employees who can show this will likely find coverage available for lost wages, medical bills and job protections.

However, healthcare workers who treat patients with diagnoses of COVID-19 may have more than one route to winning coverage should they contract COVID-19. Certainly, these workers should be able to show they are at increased risk of contracting the illness as compared to members of the general public due to the work they do and to the correlating increased frequency of direct exposure to illness, even if no specific transmission of the disease can be traced to a known carrier. If the healthcare worker has had to engage in care that entails unusually contagious situations, such as exposures in the process of resuscitation or intubation or without full PPE, the fact that their risk was increased due to the qualitative nature of their work is clear.

That said, there may be an argument to be made that these workers or those in similar circumstances, may alternatively be eligible for workers’ compensation benefits under NH RSA 281-A:2 XIII: Occupational Disease.

 

RSA 281-A:2 XIII Occupational Disease

In accordance with RSA 281-A:2 XIII “Occupational disease” is “...an injury arising out of and in the course of the employee’s employment and due to causes and conditions characteristic of and peculiar to the particular trade, occupation or employment. It shall not include other diseases or death therefrom unless they are the direct result of an accidental injury arising out of or in the course of employment...”

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Workers’ Compensation Coverage for COVID-19 at work

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In New Hampshire, there is coverage for employees who contract COVID-19 at work and there is also limitation of liability on the employer side. What’s more, there is insurance for the benefit of both the employee and employer in the event of exposure.

All this together is good for people and business alike, as it provides a safety net for COVID-19 loss, a means for paying for associated health care and a path back to work that will support the economy.

The primary question regarding workers’ compensation coverage, as related to the contraction of COVID-19, will hinge on whether the employee contracted COVID-19 in and during the course of work. In accordance with the law, and as interpreted and applied by the courts, the burden of proof to establish this necessary causal connection, and thus to establish eligibility for workers’ compensation benefits, is on the employee.

To meet this burden, the law requires that an employee prove more probably than not, “that the injury occurred within the boundaries of time and space created by the terms of employment,” and that it “occurred in the performance of an activity related to employment.” Both prongs of the burden must be met to prevail in a claim for benefits.

At first glance it seems it would be difficult, if not impossible to prove an employee contracted COVID-19 at work. After all, given the widespread incidence of COVID-19 in virtually every New Hampshire county, the risk of infection exists at work, but also in the community and even at home. However, this is not fatal to coverage under our law.

An employee may recover from an illness under workers’ compensation even if the cause of contraction is unknown and the risk of illness is not distinct to work, as long as the employee can show the illness results from a “risk greater than that to which the general public is exposed.” This is referred to as the increase risk test.

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SPREAD THE WORD: Here’s what employers and employees in New Hampshire need to know about how they can limit both the spread of COVID-19 and economic loss for everyone.

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Workers' compensation coverage for COVID-19 in New Hampshire: Here’s what employers and employees in New Hampshire need to know about how they can limit both the spread of COVID-19 and economic loss for everyone:

Employer immunity legislation is a hot topic as politicians argue over whether our current laws are sufficient to provide coverage for employees who contract COVID-19 at work, while still reasonably limiting employer liability.

We all have an interest in worker safety. A sick employee is a sick mother, father, daughter, son, neighbor or friend. The illness of an employee and the economic impact of that illness is contagious to all those who are connected to that person. One sick employee passes the illness to another, who brings it home and then sends it to school, then on to the grocery store, to grandma and the new baby cousin and so on.

Likewise, a sick and unemployed person’s financial insecurity is also contagious. Without income or insurance and while simultaneously facing mounting medical bills, COVID-19 patients can’t help but spread the economic impact of their loss onto others in their circle. They can’t pay their bills or buy goods when their income stops and so landlords, shop owners, gas station workers, grocers, hairdressers and more suffer right along with the sick worker.

Over the last few months we have learned how connected we all are. We want employees to be safe and protected, and yet we need to reopen the economy. We want to have a safety net for those who do get sick at work, but we don’t want employers to go out of business providing this protection. As a community we face difficult choices and sometimes it feels like we face inevitable loss no matter what we do.

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New Hampshire Laws Protect Employers and Employees Facing COVID-19


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With the phased lifting of the stay at home order and the ensuing return to business and work, questions about employer and employee rights have begun to surface in increasing numbers. The problem is, all too often the speed, breadth, and impact of the COVID-19 outbreak has outpaced the ability to predict or even respond to the myriad legal questions raised as a result of this pandemic.

The Governor has issued emergency orders to establish protections for some workers and to offer guidance for employers as they begin to reopen. The Federal government has also responded with the CARES ACT, the First Families Corona Virus Recovery Act (FFCRA) and other pieces of legislation aimed at easing the economic impact of this health crisis.

In addition to new laws, orders and regulations, there are existing laws that can provide answers and protection as we all work together to forge a new path forward. Employees and employers can and should still look to the Family Medical Leave Act (FMLA) and sick leave policies as well as collective bargaining agreements to find guidance about leave time related to COVID-19. State and federal laws regarding disability rights and accommodations such as the ADA and New Hampshire RSA 354-A will offer clarity as to rights and responsibilities for employees who have disabilities due to COVID-19 or health complications due to the increased risk of contracting COVID-19. 

For employees who contract COVID-19 at work, there is protection in the form of payments for medical bills and lost wages under our state workers’ compensation laws and between the state and federal government. Many employees will have the right to increased benefits for unemployment.

There are many options, rights and benefits for employees and employers impacted by COVID-19, but the challenge has been in getting that information out to the public and then combing through the options to find the best combination of protections and benefits for each circumstance.

For some employees, workers’ compensation will be the best route to recovery for lost time from work due to illness, but for others, they may find an easier path and better coverage for lost wages by using accrued sick time. Employees with complications that will keep them out of work, but who can still perform their duties remotely, may be able to stay employed by requesting accommodations. These last few months have shown that many businesses can still function with remote workers and thus accommodations that would have been considered a hardship in January, may be perfectly reasonable now. If an employee is ill or vulnerable to becoming ill due to an underlying disability and remote work isn’t an option, it may be possible for the employee to access short- or long-term disability. Some employees who are let go or have to leave work due to COVID-19 will be eligible for unemployment benefits.

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COVID-19 and the American Workplace - THE FIVE LINKS YOU NEED for information about employee rights under the Temporary Rule: Paid Leave under the Families First Coronavirus Response Act

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THE FIVE LINKS YOU NEED for information about employee rights under the Temporary Rule: Paid Leave under the Families First Coronavirus Response Act 

 

On April 1, 2020, the U.S. Department of Labor announced new action regarding how American workers and employers will benefit from the protections and relief offered by the Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act, both part of the Families First Coronavirus Response Act (FFCRA).

According to the DOL “FFCRA will help the United States combat and defeat COVID-19 by reimbursing American private employers that have fewer than 500 employees with tax credits for the cost of providing employees with paid leave taken for specified reasons related to COVID-19. The legislation will ensure that workers are not forced to choose between their paychecks and the public health measures needed to combat the virus, while at the same time reimbursing businesses.

 

The Department’s Wage and Hour Division (WHD) posted a temporary rule issuing regulations pursuant to this new law, effective April 1, 2020 and other helpful information. CHECK OUT THESE FIVE LINKS:

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Avoid Covid-19 by Avoiding the Doctor? Well, sort of ...

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In addition to washing your hands and doing your part toward social distancing, one of the best ways to limit risk and decrease the chance of contracting this virus is to avoid unnecessary trips to the hospital. 

Sure, that’s a great goal, but we all know injuries and accidents will occur even in the time of coronavirus and some of these events will require people to see a medical provider.  Those injured or ill from work or an accident still need care, but many people are afraid to go to a doctor or hospital in light of the COVID-19 outbreak. Still others would go, but their appointments have been cancelled.

For too many, delayed treatment means more time out of work and with the economy crashing as fast as the rate of infection rises, no one wants to risk being out of work right now. So, what do you do?  Well, you might consider telemedicine.

Telemedicine can help prevent the spread of COVID-19.

In the current crisis, remote medicine, might just offer a ray of light to help protect patients and health care providers alike.  Telemedicine, visits are conducted using video conferencing. Patients “see” doctors via something akin to a zoom or face time and may never have to come to an office or hospital. This could lower risks for everyone, while reopening the door to doctors’ offices across the state - at least their virtual doors.

Even better, virtual care is covered by insurance - the New Hampshire legislature and Department of Insurance made sure of that. Effective the beginning of 2020, all providers with an already established, in-person patient relationship can bill for remote monitoring, telemedicine and substance use disorder services.  In August last year, legislation passed to guarantee patients covered under Medicaid are able to access a physician without in-person contact with that provider. The federal government has likewise acted to be sure Medicare patients can also take advantage of this option with their coverage intact.

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FFCRA NEW GUIDANCE AND SUMMARY OF KEY PROVISIONS

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FFCRA NEW GUIDANCE AND SUMMARY OF KEY PROVISIONS

 

The Families First Coronavirus Response Act (FFCRA) came into effect April 1, 2020. This legislation, which represents a significant change to the current law with respect to employees’ rights to sick pay and job protection as related to Covid-19 (coronavirus), was passed and implemented at record speed. Accordingly, the Department of Labor (DOL) has been working at a breakneck pace to issue the necessary regulations and guidelines for the implementation of this important new law. Not surprisingly, the DOL guidance has been amended over the last few weeks. This article is an update as to the provisions and regulations of the law.

On April 1, FFRCA became effective. On that same date, the Department of Labor issued temporary regulations for the public health emergency leave under the family and medical leave act (FMLA) and for Emergency Paid Sick Leave as detailed in the Families First Coronavirus Response Act (FFCRA). Thereafter, relying on the “good cause” exception of the Administrative Procedure Act (APA), the department of labor bypassed the notice and public comment provision, which would generally be required, and proceeded to issue the Final Rule on April 3, 2020.

The Final Rule supplements and clarifies the various publications previously issued from the Department of Labor over the past several weeks. The Department of Labor then updated its prior Q&A guidance based upon the content from the Final Rule. A link to that new guidance can be found here.

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MEDICATION SUPPLIES DURING COVID-19/Coronavirus

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Maintaining good health is critical, especially in light of the Coronavirus Covid-19 outbreak, but it can be difficult to stay well and stay supplied with all you need when you are in isolation. New Hampshire Disability Rights Center DRCNH, offered the following information, tips and links to address some of your questions and challenges. Below is a summary of the New Hampshire DRCNH resources and available information.

If you have a physical or mental disability or someone in your family has a disability and you need help finding answers and resources, you may want to contact the DRCNH or go to their website to find out more and to ask questions. https://drcnh.org/

 

90-Day Supplies

NH Healthy Families, Well Sense, and Medicaid Fee-for-Service all offer a 90-day supply of "maintenance" medications when purchased through their mail order pharmacies.  “Maintenance” medications are medications taken on a daily basis to control chronic conditions such as diabetes, high blood pressure, asthma, high cholesterol, and many other chronic conditions. AmeriHealth does not currently have this option but is working on it.

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In Memoriam of Sophia, A Good Dog


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SOPHIA

November 2005-March 2020

On Saturday, 3/28/20 we lost our dear office dog of 14 years, Sophia. She opened RLO with me and set the tone for the kind of office and practice I hoped to build; inclusive, kind, supportive and sincere without pretense. I decided she deserved a place on our website as she certainly had one in our hearts.

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The Seven Terms Workers Should Know Before Applying for NHRS Disability Retirement

Part 3: The Seven Terms Workers Should Know Before Applying for NHRS Disability Retirement 

In case you missed Part 1, follow this link to read Part 1: Important Retirement and Disability Benefits for Injured and Ill Workers 

In case you missed Part 2, follow this link to read Part 2: New Hampshire Disability and Retirement Benefits You May Have Overlooked

The following is a list of retirement terms. If you are an employee covered under the New Hampshire Retirement System (NHRS) and you have become disabled due to a serious illness or injury, whether it is work related or not, here are seven important terms you will want to know before you begin to consider or calculate your available retirement and disability benefits.

Vesting
Members become vested for retirement benefits upon the earlier of: (1) completion of 10 years of NHRS credible service; or (2) On or after attainment of the NHRS normal retirement age while in service, regardless of years of credit of all service.

Retirement
This is not the same as “termination” or the last day of employment. In order to begin collecting a lifetime pension, members must file a retirement application with NHRS and meet certain deadlines.

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New Hampshire Disability and Retirement Benefits You May Have Overlooked

Part 2: New Hampshire Disability and Retirement Benefits You May Have Overlooked

In case you missed Part 1, follow this link to read Part 1: Important Retirement and Disability Benefits for Injured and Ill Workers 

The New Hampshire Retirement System (NHRS) offers calculation tools that can be utilized once an employee determines their category and eligibility for benefits. These tools are fantastic for retirement and “emergency” planning. We all know the best time to plan for an accident, injury or disability is before it occurs, when we are healthy and in a position to make changes as necessary. However this is also the time when we least want to think about the possibility of something going wrong.

The tools provided by NHRS are not just useful in cases of accident, injury or disability, they are critical for retirement planning and that’s something all of us can look forward to. You can go to https://www.nhrs.org and sign up for My Account to calculate your available benefits based on years of service, income and date of expected retirement.

Depending on your circumstances, NHRS disability retirement benefits may be combined with other disability benefits such as social security disability, union retirement benefits, workers’ compensation and short or long term disability insurance. There are time limits that you will need to follow and while some benefits can be combined, some create an “election,” meaning by choosing one benefit you might limit your right to use another benefit. Therefore if you are seriously injured or ill and think you might be eligible for NHRS benefits, you should consult an attorney to see what other benefits you might be entitled to receive as well. By carefully considering your unique circumstances, your attorney can help you maximize your benefits to help replace your lost wages, pay medical bills, secure longevity and other important earned benefits such as health insurance.

At Rice Law Office PLLC (as many other employment law firms), we offer FREE phone evaluations for workers and employees who are seriously ill or injured and may face lost wages, lost time from work and medical bills as a result. We are happy to help you assess what benefits you might have available so you can focus on recovery and taking care of yourself and your loved ones. Give us a call at 603-528-5299.

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      National Employment Lawyers Association       

 

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